Patna High Court
Satyanarayan KamativersusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANIL KUMAR SINHA
Holding
The writ petition is dismissed because the petitioner failed to establish that he was employed or that his attendance was recorded during the claimed period.
Summary
The petitioner, Satyanarayan Kamati, filed a writ petition seeking payment of wages for the period September 2001 to July 2007, alleging he worked as a machine operator in the university's residential office and P.G. Men's Hostel. He relied on a letter from the Vice‑Chancellor dated 02‑06‑2005 and a certificate from Prof. Upendra Sah covering November‑December 2001. The university contended that the petitioner’s name does not appear in any attendance registers for 1999‑2007 and that inquiries with the hostel superintendent yielded no records of his employment. The petitioner failed to produce any documentary evidence such as attendance sheets, salary slips, or other proof of service for the claimed period. The Court observed that the petition was filed after a delay of about 21 years and that the absence of any corroborating evidence defeats the claim. Consequently, the writ application was dismissed as being devoid of merit.
Issues considered
- Whether the petitioner is entitled to wages for the period 2001‑2007 in the absence of attendance registers or other proof of employment.
Subjects
- wage claim
- employment verification
- attendance register
- public university
- civil writ jurisdiction
- statute of limitations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1831 of 2022
======================================================
Satyanarayan Kamati Son of Rajeshwar Kamati Resident of Village -
Gurmaha Haripur, P.O. - Gurmaha, P.S. Lohut, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Education Department,
Bihar, Patna.
2. The Director, Higher Education, Education Department, Govt. of Bihar,
Patna.
3. Tilakamanjhi Bhagalpur University Through the Vice Chancellor,
Bhagalpur.
4. The Vice Chancellor, Tilkamanjhi Bhagalpur University, Bhagalpur.
5. The Registrar, Tilkamanjhi Bhagalpur University, Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Hriday Prasad
For the TMBU : Mr. Ashhar Mustafa
Ms. Anita Kumari
For the Respondent/s : Mr. Kameshwar Kumar, GP-17
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 13-01-2026 1. The petitioner has filed the present writ application for
direction to the respondent-University for payment of
wages for the period from September, 2001 to July, 2002
at the rate of 260/- per month and from August, 2002 to
July, 2007 at the rate of Rs. 900/- per month with all
consequential benefits.
2. Learned counsel for the petitioner submits that on
02.06.2005, the Vice Chancellor of the University sent a
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letter to the Assistant Secretary (Establishment) to engage
the petitioner in the residential office from 02:00 PM to
09:30 PM. The petitioner also worked in P.G. Men’s
Hostel and Prof. Upendra Sah has given certificate of
working to the petitioner for the period from 26.11.2001
to 31.12.2001. The petitioner worked there as machine
operator.
3. On the other hand, learned counsel for the Tilkamanjhi
Bhagalpur University submits that the Professor In-charge
of TMBU Library, Bhagalpur, sent a letter, dated
09.05.2024, stating therein that the name of the petitioner
is not mentioned in the attendance register during the
period from 1999 to 2007 and as such in absence of any
proof of working of the petitioner in the Hostel or at
Central Library of TMBU, no question arises for payment
of wages to the petitioner.
4. He further argued that Registrar of the respondent-
University also issued a letter, dated 11.05.2024, to the
Superintendent, P.G. Men’s Hostel, TMBU, Bhagalpur,
asking him to furnish the records with regard to working
of the petitioner at P.G. Men’s Hostel as Machine
Operator. In response thereto, the Hostel Superintendent,
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P.G. Men’s Hostel 04, TMBU, Bhagalpur, sent a letter,
dated 14.05.2024, stating that after enquiry it has been
found that there is neither any information nor any
document with respect to the working of the petitioner at
the P.G. Men’s Hostel and there is no attendance register
showing that the petitioner was working at P.G. Men’s
Hostel.
5. I have heard learned counsel for the parties and have gone
through the materials available on records.
6. The petitioner has not produced any document to show
that he actually worked from 2001 to 2007 and has
marked his attendance in the register. The stand of the
respondent-University is that in the attendance register,
the name of the petitioner does not appear and attendance
of the petitioner was not marked.
7. In view of the fact that the petitioner has approached this
Court after about 21 years for payment of wages due for
the year from 2001 to 2007 and considering stand of the
University that attendance register does not show that the
petitioner had marked his attendance during the period for
which he is demanding wages, I do not find any merit in
this writ application.
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8. In the result, the present writ application, being devoid of
any merit, is, accordingly, dismissed.
(Anil Kumar Sinha, J)
ashwani/-
U
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